Summary: We cannot investigate this complaint about the actions of the coroner’s office. We do not have the power to investigate the actions of the coroner or the coroner’s office staff because they are not acting under an administrative function of the Council.

The complaint

1. Mr X complained about the post-mortem carried out by the coroner’s office following a family member’s death. Mr X also complained about the Council’s handling of his complaint.
2. Mr X said this caused significant emotional distress to him and his family.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints about actions which are not the administrative function of a Council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained the post-mortem report completed by the coroner’s office following his family members death was not thorough and had many omissions. Mr X also complained the coroner’s office delayed releasing the body to the funeral directors and the condition of his relative’s remains were unacceptable.
8. A coroner’s duties and functions under the Coroners and Justice Act 2009, remain the coroner’s despite being appointed and paid for by the council and coroner’s officers being provided by the council. When undertaking tasks on behalf of a coroner as part of the coroner’s statutory functions relating to coronial investigations, coroner’s officers are exercising the coroner’s functions, not those of the council.
9. Because the matters relate to coronial proceedings, we cannot investigate this complaint.
10. Mr X also complained the Council did not fully acknowledge his complaint. However, as we cannot investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.

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Final decision

11. We cannot investigate Mr X’s complaint because the law does not allow us to investigate the coroner or the coroner’s officers because they are not acting under an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman